Reports: Woman May Take Action In Naked Photo Case
Issue Raises Legal Questions
POSTED: 7:04 pm EST November 30,
2005
UPDATED: 5:07 pm EST December 2,
2005
PHILADELPHIA -- The case of the naked photos at Penn window is not quite finished yet.
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On Thursday, the school dropped any disciplinary action against the engineering student who took several photos of a couple appearing naked in public.But an attorney for the woman in the photographs told the Daily Pennsylvanian, the Penn student newspaper, her client will pursue "further legal action" in the case.The Philadelphia Daily Newsalso reports the woman isn’t dropping her legal case quite yet.The Daily News identifies her lawyer as Jordan Koko, with Bennett, Bricklin & Saltzburg's Philadelphia office."She is not a public figure, she is not a public personality and she opposes vehemently the publication of her personal information, image and identification," Koko told the newspaper. "She will pursue all her legal options."After the hearing, an adviser to the junior engineering student who took the photos said the school dropped any actions against the student at the start of the hearing."We went (into the hearing), we had a statement prepared and a counter-proposal prepared," said Andrew Geier, an advisor to the student photographer. But Geier said the case ended as soon as it started in that forum.The Daily Pennsylvanian reported that the student had been charged by the university with sexual harassment and other offenses for electronically publishing pictures of the couple on his Web site. In a statement, Penn said it was disturbed by the photographer's actions and concerned that the dissemination of the photos caused embarrassment to the couple. It asked the photographer to offer an apology. "I don't think he has any intention of doing that," Geier said. The proposed discipline had included a mark on the student's college record and a requirement that he write a letter of apology and an essay reflecting on what he did wrong. "The student has the right to take a picture and post it on his password-protected site, which is exactly what he did," Geier said. He declined to identify the student. "He's relieved, and he feels vindicated to some extent, too," Geier said. "There's been a huge groundswell of support for the student and against the university." The couple in the photos, which were taken earlier this fall, is standing in front of an upper-story dorm room window, and their faces are not identifiable. The student newspaper wrote an editorial Thursday comparing the case to a 1993 episode that embarrassed Penn and sparked national debate about free speech and political correctness on college campuses. In that incident, a white student yelled from his dormitory window to a group of black women who were making noise: "Shut up, you water buffalo." The student was charged with racial harassment under the university's hate-speech policy. Charges were later dropped. "For a university that is not unfamiliar with issues of free speech, the heavy-handedness of the disciplinarians involved is excessive," The Daily Pennsylvanian editorial stated. It also accused Penn of "strong-arming a student simply for having poor taste." The university should have told the student to remove the photos from the school's Web servers and ended the matter there, the editorial said. Several people who posted messages on the newspaper's Web site said they believed the photographs were an invasion of the couple's privacy. Others said the couple should not have had any expectation of privacy because they were standing in front of a high-rise window with no blinds or curtains.A professor at the prestigious university agreed with Geier."The student took a photograph of a public event. That is protected expression," said professor Alan Charles Kors.

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